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2017 DIGILAW 1945 (JHR)

Hemanti Devi v. State Of Jharkhand

2017-11-13

S.N.PATHAK

body2017
JUDGMENT S.N. Pathak, J. – The petitioner has approached this Hon''ble Court with a prayer for direction to the respondents to immediately and forthwith release the ex gratia amount to the petitioner taking into consideration the fact that the deceased husband of the petitioner was posted as Sub-Inspector and died on 15.02.2011 in an accident which took place on 09.02.2011 when he was going to attend a State Level Meeting at Ranchi. Factual Matrix 2. The husband of the petitioner was initially appointed on 24.9.1971 as a constable in the Home Department. During his service period husband of the petitioner was transferred to various places and on promotion he was posted as Sub-Inspector of Police at Bishrampur, Palamau. On 09.02.2011 husband of the petitioner along with some officials of the Special Branch was going to attend a State Level Meeting at Ranchi. While on the way, he met with an accident at Latehar and thereafter all the injured persons along with the husband of the petitioner were taken to Latehar Sadar Hospital for treatment. Husband of the petitioner has been referred to RIMS by the Latehar Sadar Hospital after giving first aid. In RIMS the treatment of the husband of the petitioner was going on in the Neuro Department but during his treatment he died on 15.2.2011. Though the husband of the petitioner died on 15.2.2011 on duty but till date nothing has been paid as ex gratia amount and also death-cum-retiral benefits. 3. It is specific case of the petitioner that after the death of her husband she represented several time before the respondent-authorities but one ground or the other the case of the petitioner was not considered for payment of ex gratia amount and the petitioner is running from pillar to post to get her rightful legal amount which was not paid to her and denied. 4. Aggrieved by non-payment of the ex gratia amount, the petitioner has knocked the door of this Hon''ble Court. 5. Learned Counsel for the petitioner Mr. Amit Sinha, assisted by Mr. Ashok Kumar Sinha streneously urges that petitioner is entitled for the amount of Rs. 10,00,000/- as ex gratia amount in accordance with law. 6. Learned Counsel further submits that in view of the guidelines of the State Government a person who dies on duty is entitled for the payment of ex gratia amount of Rs. Amit Sinha, assisted by Mr. Ashok Kumar Sinha streneously urges that petitioner is entitled for the amount of Rs. 10,00,000/- as ex gratia amount in accordance with law. 6. Learned Counsel further submits that in view of the guidelines of the State Government a person who dies on duty is entitled for the payment of ex gratia amount of Rs. 10,00,000/- and the same has been denied to the petitioner (wife of Sub-Inspector) who died in road accident and as such direction be given to the respondents to pay the entire amount of Rs. 10,00,000/- along with interest as she was entitled for the amount in 2011 itself at time of death. 7. Per contra counter-affidavit has been filed. 8. Learned Counsel appearing for the State Mrs. Chandra Prabha, S.C.IV vehemently opposes the contention of the learned Counsel for the petitioner. She argues that previously the entitlement of the petitioner was disputed as it was said that petitioner''s husband did not die in the duty hours. After enquiry it was found that husband of the petitioner died on duty hours and as such the respondents have never recommended the claim of the petitioner for consideration of her case for ex gratia amount of Rs. 10,00,000/-. 9. Mrs. Chandra Prabha, S.C.IV draws the attention of the Court towards Annexure-B at page 13 and submits that Addl. Director General of Police has recommended the case of the petitioner for grant of ex gratia amount of Rs. 10,00,000/- and a request has been made to the Director General of Police for making payment of ex gratia amount of Rs. 10,00,000/- vide letter dated 07.11.2017 and in view of that a direction should be given to the respondents to make payment within a stipulated period. 10. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that case of the petitioner needs consideration. The respondents have already considered the case of petitioner for making payment Rs. 10,00,000/- against the ex gratia amount to the widow of the deceased Sub-Inspector and a decision has been taken to that effect. I hereby direct the respondent No. 2-Director General of Police to make payment of ex gratia amount of Rs. 10,00,000/- to the petitioner within a period of four weeks from the date of receipt/production of a copy of this order. 11. I hereby direct the respondent No. 2-Director General of Police to make payment of ex gratia amount of Rs. 10,00,000/- to the petitioner within a period of four weeks from the date of receipt/production of a copy of this order. 11. The writ petition stands allowed.